When parents consider relocating with their child, it can have a profound impact on existing custody agreements. Illinois law acknowledges that such a move can alter the child’s relationship with the other parent and may disrupt established routines. This makes relocation requests a nuanced and often challenging aspect of custody cases. As experienced Chicago relocation attorneys, we understand the critical factors that play a role in these situations. Illinois law aims to balance a parent’s right to relocate with their child and the child’s best interests, which means courts take these matters seriously.
Under the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/609.2), parents wishing to relocate must follow specific procedures, and failure to do so can lead to legal complications, including possible modifications to custody arrangements. Therefore, it’s essential to approach relocation requests with careful consideration and legal guidance. Here’s a closer look at how relocation requests work in Illinois and what parents need to know before making a move.
Illinois law sets forth specific guidelines on what constitutes a relocation and how a parent can legally proceed with one. Under 750 ILCS 5/609.2, a parent who has primary physical custody must file a written notice with the court and the other parent before relocating. According to the statute, this notice must be submitted at least 60 days before the planned move unless there are circumstances that prevent this, such as unforeseen job transfers. The law also clearly defines what qualifies as a relocation. For example, if a parent lives in Cook, DuPage, Kane, Lake, McHenry, or Will County, a move over 25 miles is considered a relocation. If the parent lives outside these counties, a move beyond 50 miles triggers the relocation requirement.
When parents are unable to reach a consensus on relocation, the requesting parent must seek court approval. The court assesses whether the proposed move serves the child’s best interests, considering factors such as the reasons for the relocation, the potential impact on the child’s quality of life, and the feasibility of maintaining a relationship with the non-relocating parent. The court also takes into account any history of domestic violence and the child’s own preferences (if they are mature enough to express them). Illinois law underscores that the relocating parent bears the burden of proof to demonstrate that the move is in the child’s best interest.
Relocation requests can result in changes to the existing custody arrangements. If a parent has permission to relocate, the court will likely adjust visitation schedules, parenting time, and decision-making roles to account for the distance. This could include using electronic communication, like video calls, to help the non-relocating parent stay connected with the child.
Parents who attempt to relocate without following Illinois’ legal procedures can face serious repercussions. Under Illinois law, unauthorized relocation can lead to the parent being held in contempt of court, and the court may order the child to return to Illinois. Furthermore, unauthorized relocation can adversely affect future custody decisions, as the court may interpret the parent’s disregard for legal processes as not acting in the child’s best interests. Therefore, it’s important to approach any potential move with full awareness of legal obligations and requirements.
The court considers various factors outlined in 750 ILCS 5/609.2 when determining if a relocation is in the child’s best interests. These factors include the reasons for the proposed move, the impact on the child’s quality of life, the child’s relationship with both parents, the potential disruption to the child’s education, and any history of domestic violence. The court’s primary focus is always on ensuring the move serves the child’s well-being.
No, a parent cannot relocate without either the other parent’s consent or court approval. If the non-relocating parent does not agree to the move, the relocating parent must file a petition with the court and obtain approval. Failing to comply with this legal requirement can lead to serious legal consequences, including possible changes to custody arrangements.
The duration of the relocation process can vary depending on whether both parents agree to the move. If there is mutual agreement, the process can be relatively quick, as the notice is simply filed with the court. However, if there is disagreement, a court hearing is required, which can take several months, depending on the complexity of the case and the court’s schedule.
If a parent relocates without providing the required notice, they can be held in contempt of court, and the court may order the child to be returned to Illinois. This action can also negatively affect the parent’s standing in any future custody or relocation proceedings, as the court may view this behavior as acting against the child’s best interests.
At Gordon & Perlut, LLC, our attorneys understand that relocation requests can be a challenging and emotional process for families. If you’re considering a move or facing a relocation dispute, contact us today to arrange a consultation. Contact our Chicago relocation attorney by calling our Chicago office at 312-360-0250 or our Skokie office at 847-329-0101 to arrange a consultation. We represent clients throughout all of Chicago and are committed to helping you find the best solution for your family.